Catholic group asks SCOTUS to block California law against revealing students' gender identities to parents

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A Catholic legal group has asked the U.S. Supreme Court to block a California law that prevents public schools from notifying parents of transgender students' gender identities.

The Thomas More Society filed an emergency appeal on Thursday asking the Supreme Court to reinstate a ruling issued last month by a federal judge who said parents with religious objections can opt out of the law’s restrictions. The challenged provisions bar teachers from informing parents if a student wishes to change their pronouns or gender identity, according to reporting by POLITICO.

"Parents only relinquish authority needed for the school to carry out its 'educational mission' ... they do not delegate the authority to make decisions regarding whether their child is a boy or a girl," attorneys for the Thomas More Society wrote in the appeal.

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The law prohibits teachers from telling parents if a student wants to use new pronouns or adopt a different gender identity. (Justin Sullivan/Getty Images)

The law, signed into law by California Gov. Gavin Newsom in 2024 and in effect for the past year, also bars teachers from disclosing a student's sexual orientation. That provision, however, is not directly at issue in the current legal challenge. 

The measure was adopted after several school districts in the Golden State implemented policies requiring teachers to contact parents if students wanted to change their name, pronouns or gender identity – policies that critics labeled "forced outing." 

The law allows disclosure of a student's gender identity in "compelling" circumstances, a standard opponents argue is vague and insufficient. 

There are exceptions under the law allowing schools to disclose a student’s gender identity in "compelling" circumstances.

U.S. District Judge Roger Benitez issued a permanent injunction last month blocking parts of the law, siding with two Escondido Union School District teachers — Elizabeth Mirabelli and Lori Ann West — who argued their district’s policies violated their constitutional and religious rights.

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The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

"Parents have a right to receive gender information and teachers have a right to provide to parents accurate information about a child’s gender identity," Benitez wrote in the ruling. "Parents and guardians have a federal constitutional right to be informed if their public school student child expresses gender incongruence." 

The Ninth Circuit Court of Appeals later paused Benitez’s ruling while California appeals the decision, keeping the law in effect for now.

In addition to seeking emergency relief from the nation's highest court, lawyers challenging the law said they plan to ask a larger panel of Ninth Circuit judges to allow Benitez’s injunction to take effect.

The law was adopted after several school districts in the state approved policies requiring teachers to contact parents if students wanted to change their name, pronouns or gender identity. (Mike Kemp/In Pictures via Getty Images)

California Attorney General Rob Bonta’s office said the state would continue defending the law.

"We look forward to continuing to make our case in court," a spokesperson for Bonta’s office told POLITICO.

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The case comes amid broader scrutiny of California’s education policies. In March, the Trump administration announced the Education Department had launched an investigation into the state’s enforcement of the law.